What is the test for exclusion of evidence in a sexual assault case?

California, United States of America


The following excerpt is from People v. Ayala, F075301 (Cal. App. 2019):

Section 352 of the Evidence Code affords the trial court discretion to exclude evidence if its probative value is "substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury." "[T]he court's exercise of discretion will not be disturbed on appeal except upon a showing that it was exercised in an arbitrary, capricious or patently absurd manner that resulted in a manifest miscarriage of justice." (People v. Brown (2011) 192 Cal.App.4th 1222, 1233.)

Other Questions


What is the substantial evidence standard of review in a sexual assault case when the prosecution case is based on circumstantial evidence? (California, United States of America)
Can evidence of sexual assault be used in a sexual assault case? (California, United States of America)
What is the test for admissibility of evidence of prior sexual assault in a sexual assault case? (California, United States of America)
What is the test for admitting evidence of sexual assault in a sexual assault case? (California, United States of America)
What is the test for using evidence of an uncharged sexual offence as evidence in a sexual assault case? (California, United States of America)
Is there any reason to exclude evidence of sexual assault prior to the trial of defendant in his sexual assault case? (California, United States of America)
For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (California, United States of America)
What is the test for admitting prior sexual assault evidence in a sexual assault case? (California, United States of America)
When testifying in a sexual assault case, does the use of the word "sex" by the victims constitute sufficient evidence for the purposes of sexual arousal or sexual gratification? (California, United States of America)
In a sexual assault case, is there any evidence that the victim was afraid of defendant prior to the sexual assault in her bedroom or on the living room couch? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.